Who does the Act cover?
It added a new category to mandatory detention, 8 U.S.C. § 1226(c)(1)(E). Two things must both be true. First, you are inadmissible under INA § 212(a)(6)(A), meaning present without admission or parole; § 212(a)(6)(C), fraud or misrepresentation; or § 212(a)(7), lacking valid entry documents. Second, you are charged with, arrested for, convicted of, or admit to burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or any crime resulting in death or serious bodily injury. Those crimes take their meaning from the law of the place where the acts occurred, so a Florida or California definition controls there. If someone you know is held, ask immediately which grounds ICE cites. The answer comes from the charging document, usually Form I-862, and from the arrest paperwork, not from what an officer says.
Can an arrest count if the case was dropped?
The text does not require a conviction. It says charged with, arrested for, convicted of, or admits, and it contains no exception for charges later dropped. That is the main hardship of the law: a shoplifting arrest with no charges has been used to detain someone. It also applies regardless of whether the person is released on parole, supervised release or probation. A federal judge in Boston ruled on September 5, 2025 that detaining someone solely on a prior arrest under this law violated due process, and ordered a bond hearing. That decision concerned one person and does not bind courts in California or Florida. Get certified records showing dismissal or acquittal now. They support a challenge even if they do not end detention automatically. Avoid admitting to any listed offense in any interview without a lawyer, because an admission alone can satisfy the statute.
Who is not covered?
The new category lists inadmissibility grounds only, and it does not list deportability grounds. That gives an argument to a person who was lawfully admitted, such as someone who entered on a visa and later overstayed, because overstays are usually charged under INA § 237. Whether the argument succeeds depends on the charges and facts, so check how the Notice to Appear reads. Offenses outside the list do not trigger this category either, although other parts of § 1226(c) may apply. Permanent residents are covered by those other parts for many convictions, so this law is not the only risk. Proof of lawful admission, such as Form I-94, matters here. See the admission definition. Give your lawyer those records first, because they may decide which custody rule applies.
Can a person held under this law get bond?
Generally not from an immigration judge. EOIR told judges in January 2025 that they cannot redetermine custody for people subject to mandatory detention. The statute allows release only in narrow witness protection circumstances. There is still one step inside immigration court: you may ask the judge to decide whether you are properly included in the mandatory detention category. Raise the factual and legal defects there, such as no qualifying offense, a mistaken identity, or a ground that does not apply. If that fails, federal habeas corpus may be the remaining route, depending on the facts and location. See our immigration bond hearing guide for how custody hearings work and what to bring. Ask for that hearing early; do not wait for the merits case.
What is the position in California and Florida?
Two recent decisions matter. In Rodriguez Vazquez v. Bostock (9th Cir. July 30, 2026), covering California, and Hernandez Alvarez v. Warden (11th Cir. May 6, 2026), covering Florida, the courts rejected the government's view that everyone present without admission falls under § 1225(b)(2)(A). Both pointed to this Act: if everyone were already detained under that section, Congress would not have needed the new category. So in those states, a person with no listed offense generally may seek bond under § 1226(a), while a person within § 1226(c)(1)(E) remains subject to mandatory detention. The Supreme Court agreed on October 1, 2026 to decide the broader question, so this may change. Detention location controls where a habeas petition is filed, and transfers can change the law that applies. Tell the family to record each transfer date.
What else does the Act do, and what should a family do now?
The Act lets a state attorney general sue federal officials over certain release, parole and detention decisions, or visa issuance, if the state or its residents suffer harm, including financial harm above $100. These suits do not change individual rights directly, but they can add pressure against release. If a relative is arrested for a listed offense, act that day. Find them using the ICE detainee locator, note the A-number, and ask the criminal defense lawyer to speak with an immigration lawyer before any plea, because a plea or admission can change the case. Collect the arrest report, charges, disposition, passport, I-94 and any pending court papers. ICE must issue a detainer for people in this category, so release from jail may not end custody. Ace Immigration's removal defense team can review the case with your family.